The Higher Education (Higher Amount) (England) Regulations 2016

Statutory Instruments

2016 No. 1206

Education, England

The Higher Education (Higher Amount) (England) Regulations 2016

Made

13th December 2016

Laid before Parliament

15th December 2016

Coming into force

6th January 2017

The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 24(6) and 47 of the Higher Education Act 2004(1).

In accordance with section 26(2)(b)(i) of that Act, the Secretary of State is satisfied that the increase to the higher amounts is no greater than is required to maintain the value of that amount in real terms.

In accordance with section 26(3) of that Act, the Secretary of State has had regard to the index of prices specified in regulations made under that subsection(2).

Citation, commencement and application

1.  These Regulations may be cited as the Higher Education (Higher Amount) (England) Regulations 2016 and come into force on 6th January 2017.

2.  These Regulations apply in relation to England.

Interpretation

3.  In these Regulations—

“the 2004 Act” means the Higher Education Act 2004;

“Erasmus year” has the meaning given in regulation 2(1) of the Student Support Regulations;

“overseas institution” means an institution other than one in England, Wales, Scotland, Northern Ireland, the Channel Islands and the Isle of Man;

“sandwich course” has the meaning given in regulation 2(10) of the Student Support Regulations;

“the Student Support Regulations” means the Education (Student Support Regulations) 2011(3).

Meaning of “eligible institution”

4.  An eligible institution is an institution listed in the Schedule to these Regulations.

Application of the new higher amounts

5.—(1) The higher amounts prescribed in regulations 6, 7 and 8 apply in relation to the qualifying fees payable by a qualifying person in connection with a qualifying course in respect of an academic year of that course, if that academic year begins on or after 1st August 2017.

(2) The higher amounts do not apply if—

(a) the qualifying course began before 1st September 2012;

(b) the qualifying person is an end-on student; or

(c) the qualifying person transfers from a qualifying course beginning before 1st September 2012 to a qualifying course beginning on or after 1st September 2012.

(3) In this regulation—

“designated distance learning course” has the meaning given in regulation 122 of the Student Support Regulations;

“distance learning course” has the given meaning in regulation 2(1) of the Student Support Regulations;

“end-on student” means a student who is undertaking—

(a)

a full-time honours degree course beginning on or after 1st September 2012 which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a full-time course which is mentioned in paragraph 2, 3 or 4 of Schedule 2 to the Student Support Regulations or a full-time foundation degree or ordinary degree course, which started before 1st September 2012, having achieved a qualification;

(b)

a full-time distance learning honours degree course beginning on 1st September 2012 or after which, disregarding any intervening vacation, a student begins immediately after ceasing to undertake a full-time distance learning course which is mentioned in paragraph 2, 3 or 4 of Schedule 2 to the Student Support Regulations or a full-time distance learning foundation degree or ordinary degree course, which started before 1st September 2012, having achieved a qualification; or

(c)

a part-time honours degree course beginning on or after 1st September 2012 which, disregarding any intervening vacation, a student begins immediately after ceasing to undertake a full-time distance learning course which is mentioned in paragraph 2, 3 or 4 of Schedule 2 to the Student Support Regulations or a part-time foundation degree or ordinary degree course, which started before 1st September 2012, having achieved a qualification;

“transfer” means that the qualifying person’s status as student eligible for support has been transferred under regulations made under section 22 of the Teaching and Higher Education Act 1998(4) from a full-time course to another full-time course, a part-time course to another part-time course or a designated distance learning course to another designated distance learning course.

Prescribed higher amount from 1st August 2017

6.—(1) The higher amount is—

(a) £9,250 in respect of an eligible institution; or

(b) £9,000 in respect of any other institution.

(2) This regulation does not apply in relation to courses identified in either regulation 7 or 8.

Prescribed higher amount for specified courses from 1st August 2017

7.—(1) In respect of the final academic year of a course if that academic year is normally required to be completed after less than 15 weeks’ attendance, the higher amount is—

(a) £4,625 in respect of an eligible institution; or

(b) £4,500 in respect of any other institution.

(2) The higher amount is the amount specified in paragraph (3) in respect of an academic year of a sandwich course—

(a) during which any periods of full-time study are in aggregate less than 10 weeks; or

(b) if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution (disregarding intervening vacations) exceeds 30 weeks.

(3) The higher amount is—

(a) £1,850 in respect of an eligible institution; or

(b) £1,800 in respect of any other institution.

(4) In respect of an Erasmus year, the higher amount is—

(a) £1,385 in respect of an eligible institution; or

(b) £1,350 in respect of any other institution.

(5) The higher amount is the amount specified in paragraph (6) in respect of an academic year of a course provided in conjunction with an overseas institution which is not an Erasmus year—

(a) during which any periods of full-time study at the institution in the United Kingdom are in aggregate less than 10 weeks; or

(b) if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution in the United Kingdom (disregarding intervening vacations) exceeds 30 weeks.

(6) The higher amount is—

(a) £1,385 in respect of an eligible institution; or

(b) £1,350 in respect of any other institution.

Prescribed higher amount for part-time courses from 1st August 2017

8.  The higher amount in respect of a part-time course is—

(a) £6,935 in respect of an eligible institution; or

(b) £6,750 in respect of any other institution.

Joseph Johnson

Minister of State

Department for Education

13th December 2016

Regulation 4

SCHEDULE Eligible Institutions

Abingdon and Witney College

Accrington and Rossendale College

Activate Learning

Alton College

Amersham & Wycombe College

Anglia Ruskin University

Anglo-European College of Chiropractic

Arts University Bournemouth, the

Ashton Sixth Form College

Askham Bryan College

Aston University

Aylesbury College

Barnet & Southgate College

Basingstoke College of Technology

Bath College

Bath Spa University

Bedford College

Berkshire College of Agriculture, the (BCA)

Bexhill College

Birkbeck College

Birkenhead Sixth Form College

Birmingham City University

Birmingham Metropolitan College

Bishop Auckland College

Bishop Burton College

Bishop Grosseteste University

Blackburn College

Blackpool and the Fylde College

BMC (Brooksby Melton College)

Bolton College

Boston College

Bournemouth University

Bournville College

Bracknell and Wokingham College

Bradford College

Bridgwater and Taunton College

British School of Osteopathy(the)

Brockenhurst College

Bromley College of Further and Higher Education

Brooklands College

Brunel University London

Buckinghamshire New University

Burnley College

Burton and South Derbyshire College

Bury College

Calderdale College

Cambridge Regional College

Canterbury Christ Church University

Carlisle College

Carshalton College

Central Bedfordshire College

Central College Nottingham

Central Sussex College

Chelmsford College

Chesterfield College

Chichester College

Cirencester College

City, University of London

City College Brighton and Hove

City College Coventry

City College Plymouth

City of Bristol College

City of Westminster College

City of Wolverhampton College

Cleveland College of Art and Design

Colchester Institute

College of Haringey, Enfield and North-east London, the

College of North West London, the

Cornwall College

Courtauld Institute of Art

Coventry University

Craven College

Croydon College

Darlington College

De Montfort University

Dearne Valley College

Derby College

Doncaster College

Dudley College

Ealing, Hammersmith & West London College

East Berkshire College

East Durham College

East Kent College

East Riding College

East Surrey College

Eastleigh College

Easton and Otley College

Edge Hill University

Exeter College

Falmouth University

Fareham College

Farnborough College of Technology

Furness College

Gloucestershire College

Goldsmiths’ College

Grantham College

Great Yarmouth College

Grimsby Institute of Further and Higher Education

Guildford College

Guildhall School of Music & Drama

Hadlow College

Halesowen College

Harlow College

Harper Adams University

Harrow College

Hartlepool College of Further Education

Hartpury College

Havering College of Further and Higher Education

Heart of Worcestershire College

Henley College Coventry

Hereford College of Arts

Herefordshire and Ludlow College

Hertford Regional College

Heythrop College

Highbury College Portsmouth

Hugh Baird College

Hull College

Imperial College of Science, Technology and Medicine

Isle of Wight College

Kendal College

Kensington and Chelsea College

King’s College London

Kingston College

Kingston Maurward College

Kingston University

Kirklees College

Knowsley Community College

Lambeth College

Lancaster and Morecambe College

Leeds Beckett University

Leeds City College

Leeds College of Art

Leeds College of Building

Leeds Trinity University

Leicester College

Lewisham Southwark College

Liverpool Hope University

Liverpool John Moores University

Liverpool School of Tropical Medicine

London Metropolitan University

London South Bank University

Loughborough College

Loughborough University

Lowestoft College

Macclesfield College

Manchester College, the

Manchester Metropolitan University

Mid-Cheshire College

Middlesbrough College

Middlesex University

Mid-Kent College

Milton Keynes College

Moulton College

Myerscough College

NCG

Nelson and Colne College

New College Durham

New College Nottingham (NCN)

New College Stamford

New College Swindon

New College Telford

Newbury College

Newcastle and Stafford Colleges Group

Newham College of Further Education

Newman University

North East Surrey College of Technology (NESCOT)

North Hertfordshire College

North Kent College

North Lindsey College

North Warwickshire and South Leicestershire College

Northampton College

Northbrook College Sussex

Northern College for Residential Adult Education Limited(the)

Northumberland College

Norwich University of the Arts

Nottingham Trent University

Oaklands College

Oxford Brookes University

Peter Symonds College

Peterborough Regional College

Petroc

Plumpton College

Plymouth College of Art

Preston College

Queen Mary University of London

Ravensbourne

Reaseheath College

Redbridge College

Redcar & Cleveland College

Richard Huish College

Richmond upon Thames College

Riverside College

RNN Group

Roehampton University

Rose Bruford College of Theatre and Performance

Royal Holloway and Bedford New College

Royal College of Music

Royal Northern College of Music

Runshaw College

Ruskin College

Salford City College

Sandwell College

Seevic College

Selby College

Sheffield College, the

Sheffield Hallam University

Shrewsbury Colleges Group

Solihull College and University Centre

South & City College Birmingham

South Cheshire College

South Devon College

South Downs College

South Essex College of Further and Higher Education

South Gloucestershire and Stroud College

South Tyneside College

Southampton City College

Southampton Solent University

Sparsholt College

St Helens College

St Mary’s University, Twickenham

St. George’s Hospital Medical School

Staffordshire University

Stanmore College

Stephenson College

Stockport College

Stockton Riverside College

Stratford-upon-Avon College

Strode College

Suffolk New College

Sunderland College

Sussex Coast College Hastings

Sussex Downs College

Swindon College

Tameside College

Teesside University

Telford College of Arts & Technology

The City of Liverpool College

The College of West Anglia

The Conservatoire for Dance and Drama

The Liverpool Institute for Performing Arts

The London School of Economics and Political Science

The Open University

The Royal Academy of Music

The Royal Agricultural University

The Royal Central School of Speech and Drama

The Royal Veterinary College

The School of Oriental and African Studies

The University of Bath

The University of Birmingham

The University of Bolton

The University of Bradford

The University of Chichester

The University of East Anglia

The University of Essex

The University of Huddersfield

The University of Hull

The University of Kent

The University of Lancaster

The University of Leeds

The University of Leicester

The University of Liverpool

The University of Manchester

The University of Reading

The University of Sheffield

The University of Surrey

The University of Warwick

The University of West London

The University of Westminster

The University of Wolverhampton

Tower Hamlets College

Trafford College

Tresham College of Further and Higher Education

Trinity Laban Conservatoire of Music and Dance

Truro and Penwith College

Tyne Metropolitan College

University College Birmingham

University College London

University for the Creative Arts

University of Bedfordshire

University of Brighton

University of Bristol

University of Cambridge

University of Central Lancashire

University of Chester

The University of Cumbria

University of Derby

University of Durham

University of East London

University of Exeter

University of Gloucestershire

University of Greenwich

University of Hertfordshire

University of Keele

University of Lincoln

University of London

University of Newcastle upon Tyne

University of Northampton,the

University of Northumbria at Newcastle

University of Nottingham, the

University of Oxford

University of Plymouth

University of Portsmouth

University of Salford, the

University of Southampton

University of St Mark & St John

University of Suffolk

University of Sunderland

University of Sussex

University of the Arts, London

University of the West of England, Bristol

University of Winchester

University of Worcester

University of York

Uxbridge College

Wakefield College

Walsall College

Waltham Forest College

Warrington Collegiate

Warwickshire College

West Cheshire College

West Herts College

West Kent and Ashford College

West Nottinghamshire College

West Suffolk College

West Thames College

WKCIC Group

Weston College of Further and Higher Education

Weymouth College

Wigan and Leigh College

Wirral Metropolitan College

Writtle University College

Xaverian College

Yeovil College

York College

York St John University

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 24 of the Higher Education Act 2004 (c.8) enables the Secretary of State to impose a condition on grants to the Higher Education Funding Council for England requiring it to impose a condition on financial support given to the governing body of a relevant institution. This condition would require the governing body to secure that the fees payable for a qualifying course by a qualifying student do not exceed either the prescribed basic amount, or, where an institution has an approved plan in force, the amount specified in that plan which is not to exceed the prescribed higher amount.

These Regulations prescribe that the higher amounts in respect of a relevant course for an academic year of that course which starts on or after 1st August 2017 are those listed in regulations 6, 7 and 8. Regulation 6 sets out the higher amounts which will ordinarily apply. For fees payable in respect of an academic year of courses specified in regulation 7, the higher amounts set out in that regulation will apply. Regulation 8 sets out the higher amounts which will apply in respect of part-time courses. The Higher Education (Basic Amount) (England) Regulations 2016 will prescribe the higher amounts.

For each type of course two higher amounts are prescribed. An upper higher amount applies in the case of an “eligible institution”, which regulation 4 defines as an institution listed in the Schedule to the regulations. These are institutions which have achieved a “Meets Expectations” rating for the purposes of Year One of the Teaching Excellence Framework, a scheme operated by the Department for Education for rating the quality of teaching in higher education. A second higher amount, which reflects the amounts prescribed in the Higher Education (Higher Amount) (England) Regulations 2010, will apply to any other institution that is subject to a condition imposed under section 24.

Regulation 5(2) provides that the amounts described above do not apply where the first academic year of a relevant course begins before 1st September 2012, where a student is an end-on student, or the student has transferred from a course that began before 1st September 2012 to a course that began on or after that date. In each of these cases the amounts set out in the Student Fees (Amounts) (England) Regulations 2004 (S.I. 2004/1932) will continue to apply.

An impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities or the voluntary sector.

The Explanatory Memorandum is published alongside the Regulations on www.legislation.gov.uk.

(1)

2004 c. 8. Section 24 was amended by the Education Act 2011 (c.21), section 16 and Schedule 5.

(2)

S.I. 2006/507, as amended by the Student Fees (Inflation Index) (England) (Amendment) Regulations 2016. (S.I. 2016/1207)

(3)

S.I. 2011/1986, as amended by S.I. 2012/164, 2013/235, 2013/630, 2013/1728, 2013/3106, 2014/1766, 2014/2103 and 2014/2765.

(4)

1998 c.30.